Magistrate: Sanction For Loss Of Device In Metal-On-Metal Hip Case Not Needed

Mealey's (March 1, 2023, 8:48 AM EST) -- FORT LAUDERDALE, Fla. — A Florida federal magistrate judge has recommended denying a motion by orthopedic device maker Biomet Inc. to sanction plaintiffs for spoliation of evidence after an explanted metal-on-metal hip at the center of a lawsuit was not retrieved by plaintiffs’ counsel and apparently was misplaced by the surgeon who had custody of the device....